Yes, if you open up her Probate estate, assuming it is still in the bank. If it has es-cheated to the State, you may need to get it from the unclaimed funds. In either case, you will need to open her Probate estate and the funds will go to her heirs, either by will or, if there is no will, by... View More

A few things here. First, was the original service (which I assume you requested) warranted to pass the inspection, or should they have known that was what you needed, if you answer yes to either then the company breached its warranty to you in the initial service. The second service should not... View More

The answer is it depends. If you are operating your self publishing business without the protection of an LLC or other entity, then yes you could be found personally liable and have your personal assets, such as your home. Even if you have your business in a corporation or LLC, there are some... View More

As a general rule yes. I do not practice law in Missouri but unless the POA in that state materially differs from those in Ohio they will and should be accepted by Ohio under the full faith and credit clause of the constitution. I am assuming that the POA does not limit itself to only Missouri... View More

If there is nothing in your father's estate, no car, no home, no bank accounts, etc. that were owned only by him at the time of his death there is nothing to Probate, and your brother is not entitled to anything. Joint accounts are transferred to the joint holder, same with the car. Your... View More

Yes, the will is still valid. A new executor would need to be appointed by the probate court and any limitations on transfers to the then minors would have expired.

If the only asset is a joint account, there are no assets to probate. Make sure there is not any real property owned in his name only. If there is real property jointly owned, a filing with the county may be needed, but I don't believe, given that the sole asset is a joint account, that any... View More

It depends on the language of the contract but you can treat this as an anticipated breach of contract. If he is avoiding your calls and not responding to e-mails, you can cut him loose now. Send an e-mail stating that. You have an obligation to mitigate any potential damages caused by his... View More

If your mother is not mentally competent, she will not be able to sign any POA. From your description, I believe this is the case. If she is in Hospice, my sympathies, I would continue to pay the premiums on the policy. When she passes, you will be able to make a claim on the policy by providing... View More

I agree with Attorney Jaap. Unless the POA contains specific language allowing for the appointment of a co-POA or to appoint you directly, she cannot appoint you and she must be the individual to sign all checks and other items requiring signature.

Clyde,

The answer is it depends. For the Competitions, the contract the studio/club signed with the Competition legal entity will control that. If the contract says that if the event is canceled or postponed you only get credit, not your money back, that controls. If it is silent about... View More

I agree with Attorney Williams. Having a Transfer on Death placed on the title of the vehicle is the best way to ensure the transfer of the car to you. Alternatively, the title of the car could be changed to have you as co-owners with right of survivorship. (WROS). Either way will avoid issues.

In general, you should not disclose settlements, either that they happened or the amount to anyone outside of the investors of the privately held company. It is highly probable that the settlement agreement itself has a confidentiality/non-disclosure provision that prohibits the disclosure of the... View More

Yes, it is legal for a private business to accept only some sorts of payments and to refuse cash payments. A governmental institution or chartered bank cannot refuse cash.

As a general answer, yes they can be sued, but every suit has different facts and each community has different codes about what is required as to maintenance. There may also be language in your lease about who is responsible for what aspects of upkeep and notice provisions to inform... View More

First and foremost, your mother died in Hawaii so her Probate will be controlled by Hawaiian law. You need to find a Hawaiian attorney to represent you and your interests. If it is similar to Ohio law, and she died without a will you should inherit everything, but move quickly so the assets of... View More

As a general answer, the Estate owns the house. The executor of the Estate could permit her to move in but does not have to until title transfers. If I were advising the Executor, I would not have a problem with her moving in so long as none of the other heir's objects and she takes over... View More

First off, I don't fully know the situation with your Mom's attorney and I am not trying to step on anyone's feet. However, you are not required to use the attorney who has the will to open the Estate. You can use any attorney or at least any attorney that practices in the probate... View More

As a general rule, no. A parent may waive the liability of a minor or incompetent person under their legal charge. But not for another adult. I am assuming that this example is a true family, with multi-adults, not a company photo where there is a single liable person/entity.

The best... View More

If you were sold a trailer that the seller claimed was a 2021 model but was, in fact, a 2020 model, the seller has violated the Consumer Sales Practices Act, (CSPA) ORC 1345.02 (B) (2) among other sections of that act. You have a legal claim against the seller, especially if this representation is... View More